[F168DOpinion of the Gas and Electricity Markets AuthorityU.K.
(1)Before forming a view for the purposes of section 68B(1)(b) or (2) or 68C(1)(b) or (2)(b), the CMA must—
(a)ask the Gas and Electricity Markets Authority to give an opinion, and
(b)consider that opinion.
(2)Where the CMA makes a request under this section, the Gas and Electricity Markets Authority must give its opinion on—
(a)whether and to what extent the creation of the relevant merger situation has prejudiced, or may be expected to prejudice, the Authority’s ability, in carrying out its functions under Part 1 of the Gas Act 1986 or Part 1 of the Electricity Act 1989, to make comparisons between energy network enterprises of the type involved in the relevant merger situation, and
(b)whether any prejudice is outweighed by any relevant customer benefits in relation to the creation of the relevant merger situation.
(3)The Gas and Electricity Markets Authority must prepare and publish a statement of the methods it considers should be applied in forming an opinion on the matters mentioned in subsection (2).
(4)The statement must, in particular, set out—
(a)the criteria to be used for assessing the effect of any particular energy network enterprises ceasing to be distinct enterprises on the Gas and Electricity Market Authority’s ability to make comparisons between such enterprises, and
(b)the relative weight to be given to the criteria.
(5)Before preparing or altering the statement, the Gas and Electricity Markets Authority must consult—
(a)the Secretary of State,
(b)the Scottish Ministers,
(c)the Welsh Ministers,
(d)the CMA, and
(e)each energy network enterprise.
(6)The Gas and Electricity Markets Authority must from time to time—
(a)review the statement, and
(b)where appropriate, change the statement and publish the new version.
(7)In forming its opinion under this section, the Gas and Electricity Markets Authority must apply the methods set out in its latest statement.]
Textual Amendments
F1Ss. 68A-68F and cross-heading inserted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 2